AI Structured Summary
Not yet generated for this judgment
Judgment
Gannamaneni Ramakrishna Prasad, J
(LUNCH MOTION)
Heard Sri Gangisetti Uma Sankar, learned Counsel for the Writ Petitioner, Sri Goli G.V.S. Sai, learned Counsel appearing on behalf of Sri S.V.S.S. Siva Ram, learned Standing Counsel for Vijayawada Municipal Corporation and Sri B. Ramesh, learned Assistant Government Pleader for Revenue.
The facts on record would indicate that the Respondent No.3 has issued the impugned proceeding dated 10.02.2026 (Ex.P.1) giving three days time to the Writ Petitioner to remove the deviations/violations within three days. Learned Counsel for the Writ Petitioner would submit that the Impugned Order, which is in the nature of Final Order, had been passed without any prior Notice seeking any clarification from the Writ Petitioner. He would therefore submit that this Order is in violation of Principles of Natural Justice. He would also submit that the Impugned Order, though is dated 10.02.2026, had been dispatched to the address of the Writ Petitioner only on 10.03.2026 which the Writ Petitioner received on 11.03.2026 (Ex.P.2).
This Court is in agreement with the submission of the learned Counsel for the Writ Petitioner that the Impugned Order suffers from the vices of Principles of Natural Justice on both counts. Firstly, that the Final Order has been passed without prior notice to the Writ Petitioner and secondly, that only three days time is granted to the Writ Petitioner to demolish the alleged deviations and thirdly, the impugned Notice dated 10.02.2026 (Ex.P.1) has been dispatched only on 10.03.2026.
For the aforesaid reasons, the Impugned Order is modified as Show Cause Notice by granting three weeks time to the Writ Petitioner to submit his explanation to the Respondent Authorities along with the written submissions and documents which the Writ Petitioner intends to rely upon. From the receipt of date of explanation, the Respondent Authorities are directed to pass a Speaking Order in accordance with law within a period of four weeks and communicate such Order to the Writ Petitioner forthwith. There shall be a direction to all the parties to maintain Status-quo for a period of two weeks from the date of communication of Speaking Order to the Writ Petitioner.
Writ Petition stands allowed limited to the above observations and directions. No order as to costs.
Interlocutory Applications, if any, stand closed in terms of this order.